Charts

 

Prepared by Copilevitz & Canter, LLC - (816) 472-9000. This chart is not to be used as a substitute for legal counsel.
Delivery of Recording Laws (EBR)
Are Established Business Relationship Calls Exempt from Federal and State Bans1?
Jurisdiction
Statutory Citation
Are Calls to Existing Customers regarding Previously Purchased Goods or Services Exempt from Ban?2
Are Calls to Existing Customers for the Sale of Additional Goods or Services (i.e. upsells) Exempt from Ban?3
Are Informational Calls to Existing Customers Exempt from Ban4?
Are Calls Made with Express Consent Exempt from Ban?5
Federal
47 USC 227; 47 CFR 64.1200; 16 CFR 310.4(b)(5)

Yes.6

Yes.6
Yes.6
Yes.
Alabama
Ala. Pub. Serv. Comm. Rule T17
Yes.
Yes.
Yes.
Yes.
Alaska
45.50.475
Yes.
Yes.
Yes.
Yes.
Arizona
13-2919; 14-1278
No.
No.
Yes.
No.
Arkansas
5-63-204
Yes.
No.
Yes.
Yes.
California
Civ. Code 1770(a)(22); Pub. Util. 2872(f)
Yes.
Yes.
Yes.
Yes.
Colorado
18-9-311
Yes.
Yes, but express consent required.
Yes.
Yes.
Connecticut
52-570c
Yes.
Yes.
Yes.
Yes.
Delaware
No State Statute
Yes.
Yes.
Yes.
Yes.
D.C.
34-1701
Yes.
No.
Yes.
Yes, if calls regard goods or services previously purchased.
Florida
501.059
No.
No.
Yes.
No.
Georgia
46-5-23
Yes.
No.
Yes.
Yes.
Hawaii

No State Statute
Yes.
Yes.
Yes.
Yes.
Idaho
IDAPA 31.51.02
Calls allowed but state restrictions apply.
Calls allowed but state restrictions apply.
Calls allowed but state restrictions apply.
Yes.
Illinois

815 ILCS 305/20
Yes.
Yes.
Yes.
Yes.
Indiana
24-5-14-5
Yes.
Yes.
Yes.
Yes.
Iowa
476.57
Calls allowed but state restrictions apply.
Calls allowed but state restrictions apply.
Calls allowed but state restrictions apply.
Yes.
Kansas
No State Statute
Yes.
Yes.
Yes.
Yes.
Kentucky
367.461
Yes.
No.
Yes.
Yes.
Louisiana
LA Pub. Serv. Comm. Gen Order R-27021 II.H.3., La. R.S. 45:816
Yes.
Yes.
Yes.
Yes.
Maine
10 MRS 1498
Yes.
Calls allowed but state restrictions apply.
Yes.
Yes.
Maryland
8-204
Yes.
Yes.
Yes.
Yes.
Massachusetts
Mass. Ann. Law Chapt. 159, § 19B
Yes.
Yes.
Yes.
Yes.
Michigan
445.111; 484.125
Yes.
No.
Yes.
Yes.
Minnesota
325E.26, 4
Yes.
Yes.
Yes.
Yes.
Mississippi
77-3-453; 77-3-723
Yes.
Yes.
Yes.
Yes.
Missouri

407.1085
Yes.
Yes.
Yes.
Yes.
Montana
45-8-216
Yes.
Yes.
Yes.
Yes.
Nebraska

86-242
Yes.
Yes.
Yes.
Yes.
Nevada

597.814
Yes.
Yes.
Yes.
Yes.
New Hampshire

RSA 359-E:1
Yes.
Yes.
Yes.
Yes.
New Jersey
48:17-28
Yes.
Yes.
Yes.
Yes.
New Mexico
57-12-22
Yes.
Yes, but express consent required.
Yes.
Yes.
New York
NY Gen. Bus. Law § 399-p
Calls allowed but state restrictions apply.
Calls allowed but state restrictions apply.
Calls allowed but state restrictions apply.
Yes.
North Carolina

75-104
No. Calls allowed with express permission only.
No. Calls allowed with express permission only.
Yes.
Yes.
North Dakota
51-28-02; 51-18-01
Yes.
Yes.
Yes.
Yes.
Ohio
No State Statute
Yes.
Yes.
Yes.
Yes.
Oklahoma
15 Okl. Sta. 755.1(C)(3)(b); 21 Okl. Stat. 1847a(3)(b)
Yes.
No.
Yes.
Yes.7
Oregon
15 Okl. Sta. 755.1(C)(3)(b); 21 Okl. Stat. 1847a(3)(b)
Yes.
Yes.
Yes.
Yes.
Pennsylvania
52 Pa Code 63.60
Calls allowed but state restrictions apply.
Calls allowed but state restrictions apply.
Yes.
Yes.
Rhode Island
16-17-446
Restrictions only apply if "prize" representation is made.8
Restrictions only apply if "prize" representation is made.8
Yes.
Yes.
South Carolina
16-17-446
Yes.
Yes.
Yes.
Yes.
South Dakota
SD Stat. § 37-30-24
Yes.
Yes.
Yes.
Yes.
Tennessee

47-18-1507
Yes.
No.
Yes.
Yes.
Texas
Tex. Util. Code § 55.121
Calls allowed but state restrictions apply and permit required.
Calls allowed but state restrictions apply and permit required.
Calls allowed but state restrictions apply and permit required.
Calls allowed but state restrictions apply and permit required.
Utah
13-25a-102
Yes.
Yes.
Yes.
Yes.
Vermont

No State Statute
Yes.
Yes.
Yes.
Yes.
Virginia
18.2-425.1
Yes.
Yes.
Yes.
Yes.
Washington
80.36.400
Yes.
No.
Yes.
No.
West Virginia
No State Statute
Yes.
Yes.
Yes.
Yes.
Wisconsin

100.52
Yes.
No.
Yes.
Yes.
Wyoming
6-6-104; 40-12-303
Yes.
No.
Yes.
No.

 

1 Even if these types of calls are exempt from ban, restrictions such as curfew, permit, disconnect and disclosure requirements can apply.
2 Calls to existing customers regarding previously purchased goods or services do not include calls for the sale of additional goods or services (e.g. upsells or cross-sells).
3 See statutes for specific definitions of established business relationship.
4 Informational calls include calls that provide information to a consumer regarding an existing debt or contract.
5 If an exemption for established business relationship calls exists, it is not necessary to review express consent exemption as express consent is included in the definition of established business relationship. This exemption is only relevant if established business relationship calls are not allowed.
6 A seller or telemarketer must, for each such telemarketing call placed, allow the telephone to ring for at least fifteen (15) seconds or four (4) rings before disconnecting an unanswered call; and within two (2) seconds after the person's completed greeting, promptly play a prerecorded message that:
(a) presents an opportunity to assert an entity-specific Do Not Call request at the outset of the message, with only the prompt disclosures required by § 310.4(d) or (e) (please see disclosure requirements chart for specific disclosures) preceding such opportunity; and
(b) complies with all other federal requirements under the TSR.
7 In Oklahoma, written consent is required.
8 Please see “prize” chart for specific representations included in this restriction.